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may 1982

Supreme Court of India · 1982-05-05

ASHOK KUMAR vs DELHI ADMINISTRATION & ORS.

Citation / case number
SC 1981/63849
Court
Supreme Court of India
Petitioner
ASHOK KUMAR
Respondent
DELHI ADMINISTRATION & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the detention order under the relevant Act was valid as the grounds of detention were communicated within two days, complying with Section 8, which aligns with Article 22(5) of the Constitution. The Court clarified that the detaining authority is not mandated to specify the period of detention in the order itself, as established in A.K. Roy v. Union of India. Furthermore, the Court emphasized that the period of detention can vary based on the nature of the prejudicial activity, and the distinction between 'public order' and 'law and order' is based on the extent of societal impact, not the nature of the act itself. The petition was dismissed, affirming the legality of the detention order.

ASHOK KUMAR vs DELHI ADMINISTRATION & ORS. · Niyam